Category Archives: Uncategorized

[Personal post] Cherokee Delegate Right Materials and News Coverage

Due to a recent push by the Cherokee Nation, there has been some media interest in the Cherokee right to a Congressional delegate, provided for in the Treaty of New Echota. To help anyone interested (though it is perhaps an abuse of my role as blog editor since it is for a different field), I thought I should post my two articles on this topic here as well as post news coverage.

Ezra Rosser, The Nature of Representation: The Cherokee Right to a Congressional Delegate, 15 Boston University Public Interest Law Journal 91 (2005) (the main article with historical research and more fleshed out argument).

Ezra Rosser, Promises of Non-State Representatives, 116 Yale Law Journal Pocket Part 118 (2007) (provides a short summary).

News Coverage (republished lots of places):

  • Sean Murphy, AP, Cherokee chief says journey to seat US delegate will be long, Aug. 22, 2019 [link to Wash Post version here].
  • Sean Murphy, AP, Country’s Largest Tribal Nation Seeks Congressional Delegate, Aug. 16, 2019 [link to N.Y. Times version here].
  • Harmeet Kaur, CNN, The Cherokee Nation wants a representative in Congress, taking the US government up on a promise it made nearly 200 years ago, Aug. 25, 2019 [link to CNN.com version here].

I hope this is useful and please excuse this self-serving, non-poverty law, post.

New Article: Childcare, Vulnerability, and Resilience

New Article: Meredith Johnson Harbach, Childcare, Vulnerability, and Resilience, 37 Yale L. & Pol’y Rev. 459 (2019). Abstract below:

The question of how to provide care for America’s youngest children, and the quality of that care, is among the most vexed for family law. Despite seismic demographic shifts in work and family, childcare law and policy in the United States still operates on the assumption that childcare is the private responsibility of parents and families rather than a state concern. But this private childcare model, based on unrealistic assumptions in liberal theory and buttressed by an ascendant neoliberalism, is inadequate to today’s childcare challenges. This project confronts the inadequacies of the private childcare model. Using Martha Albertson Fineman’s Vulnerability Theory as its frame, this Article argues that the state’s role with regard to childcare should be primary, rather than supplemental or contingent. Recognizing the universal vulnerability of children and families and the potential for high quality care to promote resilience, the state has an obligation to provide the care and support necessary to ensure child wellbeing. With the development of a comprehensive, public childcare system, the state can partner with families to ensure that all children have access to quality childcare, and consequently, increased resilience with greater opportunities to develop and thrive.

Karen Tani on the Passing of Charles Reich

Here.

New Book: Beyond These Walls: Rethinking Crime and Punishment in the United States

New Book: Tony Platt, Beyond These Walls: Rethinking Crime and Punishment in the United States, (2019). Overview below:

Beyond These WallsBeyond These Walls is an ambitious and far-ranging exploration that tracks the legacy of crime and

imprisonment in the United States, from the historical roots of the American criminal justice system to our modern state of over-incarceration,

and offers a bold vision for a new future. Author Tony Platt, a recognized authority in the field of criminal justice, challenges the way we think about how and why millions of people are tracked, arrested, incarcerated, catalogued, and regulated in the United States.

Beyond These Walls traces the disturbing history of punishment and social control, revealing how the criminal justice system attempts to enforce and justify inequalities associated with class, race, gender, and sexuality. Prisons and police departments are central to this process, but other institutions – from immigration and welfare to educational and public health agencies – are equally complicit.

Platt argues that international and national politics shape perceptions of danger and determine the policies of local criminal justice agencies, while private policing and global corporations are deeply and undemocratically involved in the business of homeland security.

Finally, Beyond These Walls demonstrates why efforts to reform criminal justice agencies have often expanded rather than contracted the net of social control. Drawing upon a long tradition of popular resistance, Platt concludes with a strategic vision of what it will take to achieve justice for all in this era of authoritarian disorder.

 

New Op-Ed: What a ‘Living Wage’ Actually Means

New Op-Ed: Eric Ravenscraft, What a ‘Living Wage’ Actually Means, NYTimes.com, June 5, 2019. If you ask a dozen lawmakers what constitutes a “living wage,” you’ll get a dozen answers. Where does the term come from? And is it even accurate?

New [Short] Article: Republican Homeowning

New [Short] Article: Robert Hockett, Republican Homeowning, Challenge, DOI:
10.1080/05775132.2019.1606541 (2019). [Note: downloading may require university library access.] Abstract below:

The future of Fannie Mae and Freddie Mac remains muddled. But the author, a Cornell law professor, argues there is only one course of action. Such entities are among our most important public utilities, behind the Federal Reserve and the federal government itself, and should be owned by the citizenry.

News Coverage: Four years, $13 million and dozens of hands: How ‘affordable housing’ gets made in America

News Coverage: Andrea Riquier, Four years, $13 million and dozens of hands: How ‘affordable housing’ gets made in America, MarketWatch, May 25, 2019 [fairly lengthy].

News Coverage: Separated by Design: How Some of America’s Richest Towns Fight Affordable Housing

News Coverage: Jacqueline Rabe Thomas, Separated by Design: How Some of America’s Richest Towns Fight Affordable Housing, ProPublica & Connecticut Mirror, May 22, 2019.

New Article: A Wall of Hate: Eminent Domain and Interest-Convergence

New Article: Philip Lee, A Wall of Hate: Eminent Domain and Interest-Convergence, 84 Brooklyn L. Rev. 421 (2019).

Call-for-Papers: Advancing Health Equity by Addressing Social Determinants of Health, Poverty, and Racial Disparities [AALS Law, Medicine & Health Care Section and the Poverty Law Sections]

Call for Proposals: Advancing Health Equity by Addressing Social Determinants of Health, Poverty, and Racial Disparities

The Law, Medicine & Health Care Section and the Poverty Law Section of the AALS are pleased to announce a Call for Proposals for our co-sponsored program to be held during the AALS 2020 Annual Meeting in Washington, D.C. on Saturday, January 4, 2020 from 9am-12pm. This three hour session will be divided into two Parts, as described below.

Part 1: Call for Scholarly Presenters Concerning Advancing Health Equity by Addressing Social Determinants of Health, Poverty, and Racial Disparities

Many academic institutions, government agencies, non-profit organizations, and policymakers have begun to focus on achieving health equity by addressing the social determinants of health, poverty, and racial disparities.  Although this has become a movement, it is unclear whether those involved in the movement understand that to obtain health equity, we must address structural and institutional issues that cause inequity and advance justice for individuals and communities.  Legal scholarship is beginning to explore the ways in which law, policies, and systems can be leveraged to reduce disparities and address social determinants of health for those marginalized by virtue of race, poverty, or both.  Part I of this Program will feature 2-3 presenters from this Call for Papers, who will present their scholarship exploring these issues, alongside an expert from the medical field who will present on this topic.

Part 2: Call for Facilitators for Interactive Discussions on Teaching Health Equity by Addressing Social Determinants of Health, Poverty, and Racial Disparities

Many government officials, non-profit organizations, and policymakers have begun to focus on achieving health equity by addressing the social determinants of health, poverty, and racial disparities.  Although this has become a movement, it is unclear whether those involved in this charge understand what health equity means and thus whether this will have a positive change on laws and policies that will result in health equity. In this context, teaching health equity, social determinants of health, poverty law, and racial disparities is an important endeavor to ensure that students will be able to promote meaningful change in law and policy.  The question is how do we teach these issues to prepare students to advance justice in these areas and to serve as a resource for policy change. In this section we plan to foster an interactive discussion to explore questions, such as:

  • How do we incorporate a discussion of civil rights, human rights, poverty, public health laws and theories in our teaching?
  • How do we translate the health equity language from psychology, medicine, and public health into legal doctrines?
  • How do we integrate the discussion of different status (i.e. race, gender identification, sexual orientation, class, disability, etc) into the discussion of health equity?
  • How do we teach in this challenging field?
  • Are team teaching methods particularly useful?
  • How can incorporate learners or professionals from other disciplines, such as medical students or physicians, in our teaching on these topics?
  • Is this a rich area for experiential learning, such as legal advocacy to address social determinants of health in law clinics or practicum courses or the creation of policy briefs, model legislation, or amicus briefs?
  • Can we leverage the power of the internet to teach more effectively?

Part II will involve an interactive discussion about teaching strategies on this topic, for which we are seeking 3-4 facilitators who will share their teaching innovations and challenges and facilitate interactive discussions.

Call for Proposals

We welcome the submission of a one-page proposal (500 words or fewer) for Part 1 or Part 2.  In your submission, please include your preference for participation in Part 1 (traditional scholarly presentation) or Part 2 (facilitation of an interactive discussion on teaching health equity) and indicate whether you’re interested in being considered for publication in the Journal of Legal Medicine, pursuant to the guidelines below.

Submit your proposal by email to Professor Ruqaiijah Yearby at ruqaiijah.yearby@slu.edu by August 5th with the email subject line “AALS LHMC 2020 Submission.”

Publication Opportunity

Submission method and deadline

Proposals selected for Part 1 and 2 of the AALS program will be reviewed for a publication opportunity in the Journal of Legal Medicine if interest in publication is indicated in the proposal.

Submission review

Proposals will be selected for publication after a review by Leslie E. Wolf, Editor-in-Chief of the Journal of Legal Medicine, and two anonymous referees.   Your final article is due by February 15, 2020 and will undergo peer review.

Publication

Selected papers will be published in the Journal of Legal Medicine, an interdisciplinary, peer-reviewed journal that focuses on the intersection of health, law, science and policy. It publishes short commentaries (up to 3,000 words) and articles (up to 7,500 words), although longer articles may be published. The Journal publishes four issues a year, and accepts submissions year-round.  For more information about aims and scope of the Journal of Legal Medicine see:https://www.tandfonline.com/action/journalInformation?show=aimsScope&journalCode=ulgm20&

Inquiries or questions

Any inquiries about the Call for Proposals should be submitted to Professor Yael Cannon at Georgetown University Law Center at yc708@georgetown.edu or Professor Ruqaiijah Yearby at Saint Louis University at ruqaiijah.yearby@slu.edu